FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2012 PARTIES : BRITESAVERS LIMITED - AND - QIU ZHONG (REPRESENTED BY PATRICK P O' SULLIVAN SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer's Decision
BACKGROUND:
2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court on 26th October 2016 in accordance with Section 8(1) of the Terms of Employment (Information) Acts, 1994 to 2012. A Labour Court hearing took place on 26th April 2017. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Ms Qiu Zhong against the Decision of an Adjudication Officer ADJ-00000899, CA-00001311-001 under Terms of Employment Information Acts, 1994 to 2012 (the Act). The Adjudication Officer upheld her claim against her former employer Britesavers Limited and awarded her the sum of €500.00 for the breach of the Act found to have occurred.
In this Determination the parties are referred to as they were at first instance. Hence Britesavers Limited is referred to as the Respondent and Ms Qiu Zhong is referred to as the Complainant.
A hearing of this appeal was held on the same day as a hearing of an appeal by the Complainant against the Respondent under the Unfair Dismissals Acts 1977 to 2015. Mr Tom Jones, Managing Director of the Respondent accepted that the Complainant had not been furnished with a statement containing the particulars of her contract of employment and therefore he did not contest the award made by the Adjudication Officer. On that basis Mr Kennedy, B. L. instructed by Patrick P. O’Sullivan Solicitors on behalf of the Complainant stated that the appeal was not being advanced.
Accordingly the Court upholds the Adjudication Officer’s Decision. The Court orders the Respondent to pay the Complainant the sum of €500.00 within six weeks of the date of this Determination.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th May 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.